REQUEST FOR PROPOSALS PROCUREMENT OF CONSULTING SERVICES

Royal Government of Bhutan

Ministry of Finance

2019

PREFACE

This Standard Request for Proposals (SRFP) is based on the Procurement Rules and Regulations

of the Royal Government of Bhutan. The SRFP must be used in the Procurement of Consulting

Services, and can be used with different selection methods, i.e., quality- and cost-based selection

(QCBS), selection under a fixed budget (FBS), least-cost selection (LCS), and single-source

selection (SSS). This document will be effective from 1stJuly, 2019.

To obtain further information you may contact:

Government Procurement and Property Management Division

Department of National Properties

Ministry of Finance

Royal Government of Bhutan

TABLE OF CONTENTS

Section 1: Letter of Invitation ...................................................................................................... 2

Section 2: Instructions to Consultants ........................................................................................ 4

Section 3. Technical Proposal - Standard Forms ....................................................................... 30

Section 4. Financial Proposal - Standard Forms ....................................................................... 43

Section 5: Terms of Reference (TOR) ........................................................................................ 54

Section 6: Eligible Countries ..................................................................................................... 60

Section 7: Standard Forms of Contract ..................................................................................... 61

Annex I: Small Assignments: Lump-Sum Payments .................................................................. 62

1

REQUEST FOR PROPOSALS

RFP no.01

Project Name; Development of Monitoring App

Procuring Agency: Construction Development Board

Title of Consulting Services: Development of Mobile App and enhancement of CDB system

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SECTION 2: INSTRUCTIONS TO CONSULTANTS

Definitions: (a) Consultant: An individual or a legal entity entering into a Contract

to provide the required Consulting Services.

(b) Consulting Services: Expert services of a professional and/or

intellectual nature, provided by the Consultant based on specialized

expertise and skills, in areas including, but not limited to, preparing

and implementing projects, conducting training, providing technical

assistance, conducting research and analysis, preparing designs,

supervising the execution of construction and other works,

undertaking studies, advising Procuring Agencies, building capacity,

preparing tender documents, supervising procurement, and others.

(c) Contract: The formal agreement in writing, including the General

Conditions (GC), the Special Conditions (SC), and the Appendices,

entered into between the Procuring Agency and the Consultant, on

acceptable terms and conditions and which are in compliance with

all the relevant provisions of the laws of the Kingdom of Bhutan, for

the provision of the required Consulting Services.

(d) Data Sheet: Such part of the Instructions to Consultants used to

reflect specific assignment conditions.

(e) Day: A calendar day.

(f) Government: Royal Government of Bhutan (RGoB).

(g) Instructions to Consultants(Section 2 of the RFP): The document

which provides the Consultants with all the information needed to

prepare their Proposals.

(h) In Writing: Communicated in written form (eg by mail, electronic

mail, fax, telex) with proof of receipt.

(i) LOI (Section 1 of the RFP): The Letter of Invitation being sent by

the Procuring Agency to the shortlisted Consultants.

(j) Personnel: Professional and support staff provided by the

Consultant or by any Sub-Consultant and assigned to perform

the Services or any part thereof; “Foreign Personnel” means such

professional and support staff who at the time of being so provided

have their domicile outside Bhutan; “Local Personnel” means such

professional and support staff who at the time of being so provided

have their domicile inside Bhutan.

(k) Procuring Agency: RGoB agency with which the selected

Consultant signs the Contract for the Services.

(l) Proposal: The Technical Proposal and the Financial Proposal.

(m) RFP: The Request for Proposal to be prepared by the Procuring

Agency for the selection of Consultants, based on the SRFP.

(n) SRFP: The Standard Request for Proposals, which must be used

by the Procuring Agency as a guide for the preparation of the RFP.

(o) Services: The work to be performed by the Consultant pursuant to

the Contract.

(p) Sub-Consultant: Any person or entity to whom/which the Consultant

subcontracts any part of the Services.

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(q) Terms of Reference (TOR): The document included in the RFP

as Section 5 which defines the objectives, goals, scope of work,

activities, tasks, responsibilities of the Procuring Agency and the

Consultant, required outputs and results of the assignment, as

well as background information (including a list of existing relevant

studies and basic data) to facilitate the Consultants’ preparation of

their proposals.

1. Introduction 1.1. The Procuring Agency named in the Data Sheet will select a

consulting firm/organization (the Consultant) in accordance with

the method of selection specified in the Data Sheet

1.2. Consultants should familiarize themselves with local conditions

and take these into account in preparing their Proposals. To obtain

first-hand information on the assignment and local conditions,

Consultants are encouraged to attend a pre-proposal meeting if one

is specified in the Data Sheet. Attending the pre-proposal meeting

is optional. Consultants should contact the Procuring Agency’s

representative named in the Data Sheet to obtain additional

information on the pre-proposal meeting. Consultants should

ensure that this official is advised of the proposed attendance at

the meeting in adequate time to allow them to make appropriate

arrangements.

1.3. The Procuring Agency will provide in timely fashion and at no cost to

the Consultant the inputs and facilities specified in the Data Sheet,

assist the Consultant in obtaining licenses and permits needed to

carry out the Services, and make available relevant project data

and reports.

1.4. Consultants shall bear all costs associated with the preparation

and submission of their proposals and contract negotiation. The

Procuring Agency is not bound to accept any proposal, and reserves

the right to annul the selection process at any time prior to Contract

award, without thereby incurring any liability to the Consultants.

2. Conflict of

Interest

2.1. The Procuring Agency and the RGoB requires that Consultants

provide professional, objective and impartial advice, and at all

times hold the Procuring Agency’s interests paramount, strictly

avoid conflicts with other assignments or their own corporate

interests, and act without any consideration for future work. Without

limitation on the generality of the foregoing Consultants, and any

of their affiliates, shall be considered to have a conflict of interest,

and shall not be recruited, under any of the circumstances set forth

below:

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a) Conflicting Activities:

A firm that has been engaged by the Procuring Agency to

provide goods, works or services other than Consulting

Services for a project, and any of its affiliates, shall be

disqualified from providing Consulting Services related

to those goods, works or services. A firm hired to provide

Consulting Services for the preparation or implementation of

a project, and any of its affiliates, shall be disqualified from

subsequently providing goods or works or services resulting

from or directly related to the firm’s Consulting Services for

such preparation or implementation. For the purposes of

this paragraph, services other than Consulting Services are

defined as those leading to a measurable physical output,

for example surveys, exploratory drilling, aerial photography,

and satellite imagery.

b) Conflicting Assignments:

A Consultant, including its Sub-Consultants, affiliates and the

Personnel of any of the foregoing, shall not be hired for any

assignment that, by its nature, may be in conflict with another

assignment of the Consultant to be executed for the same

or for another Procuring Agency. For example, a Consultant

hired to prepare engineering design for an infrastructure

project shall not be engaged to prepare an independent

environmental assessment for the same project, and a

Consultant assisting a Procuring Agency in the privatization

of public assets shall not purchase, nor advice purchasers of,

such assets. Similarly, a Consultant hired to prepare Terms

of Reference for an assignment, or otherwise to provide

any other services during the preparatory stages of the

assignment or of the project of which the assignment forms a

part, shall not be hired for the assignment in question

c) Conflicting Relationships:

(aa) A Consultant, including its Sub-Consultants, affiliates

and the Personnel of any of the foregoing, that has a

business relationship with a member of the Procuring

Agency’s staff who is directly or indirectly involved in

any part of (i) the preparation of the Terms of Reference

of the assignment, (ii) the selection process for such

assignment, or (iii) supervision of the Contract, may not

be awarded a Contract, unless the conflict stemming

from this relationship has been resolved in a manner

acceptable to the Procuring Agency throughout the

selection process and the execution of the Contract.

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(bb) A Consultant, including its Sub-Consultants, affiliates

and the Personnel of any of the foregoing, that employs

or otherwise engages a spouse, dependent or close

relative of a public servant of the RGoB who either is

employed by the Procuring Agency or has an authority

over it also shall not be eligible to be awarded a Contract.

For the purposes of this sub-paragraph, a close relative

is defined as immediate family which includes father,

mother, brother, sister, spouse and own children.

2.2. Consultants have an obligation to disclose any situation of actual

or potential conflict that impacts their capacity to serve the best

interests of the Procuring Agency, or that may reasonably be

perceived as having this effect. Failure to disclose said situations

may lead to the disqualification of the Consultant or the termination

of its Contract.

2.3. When the Consultant nominates any present or previous

government employee as Personnel in its Technical Proposal,

such Personnel must have written certification from the Royal Civil

Service Commission of Bhutan or their employer confirming that:

a) they are not current employees of the Procuring Agency, and

b) they are on leave without pay from their official position, and

c) they are allowed to work full-time outside of their previous

official position.

Such certification(s) shall be provided to the Procuring Agency by

the Consultantas part of its Technical Proposal.

2.4. When the Consultant nominates any former employee of the

Procuring Agency as Personnel in its Technical Proposal it must

ensure, and so certify in its Technical Proposal, that no conflict

of interest exists in the scope of the former employee’s inclusion

within the Consultant’s Personnel being proposed to provide the

Services.

3. Unfair Advantage 3.1. If a Consultant could derive a competitive advantage from having

provided Consulting Services related to the assignment in question,

the Procuring Agency shall make available to all Consultants

together with this RFP all information that would in that respect

give such Consultant any competitive advantage over competing

Consultants.

4. Fraud and

Corruption

4.1. It is RGoB policy to require that Consultants, their Sub-Consultants

and the Personnel of them both observe the highest standards

of ethics during the procurement and execution of contracts1 in

pursuance of this policy, the RGoB:

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a) Defines, for the purposes of this provision, the terms set forth

below as follows:

(i) “corrupt practice”2 means the offering, giving, receiving

or soliciting, directly or indirectly, of anything of value3 to

influence improperly the actions of another party;

(ii) “fraudulent practice”4 means any intentional act or

omission, including a misrepresentation, that knowingly

or recklessly misleads, or attempts to mislead, a party

to obtain a financial or other benefit or to avoid an

obligation;

(iii) “collusive practice”5 means an arrangement between

two or more parties designed to achieve an improper

purpose, including to influence improperly the actions of

another party;

(iv) “coercive practice”6 means impairing or harming, or

threatening to impair or harm, directly or indirectly, any

party or the property of the party to influence improperly

the actions of a party;

(v) “obstructive practice” means:

(aa) deliberately destroying, falsifying, altering or

concealing of evidence material to the investigation

or making false statements to investigators in

order materially to impede any investigation into

allegations of a corrupt, fraudulent, coercive or

collusive practice; and/or threatening, harassing or

intimidating any party to prevent it from disclosing its

knowledge of matters relevant to the investigation

or from pursuing the investigation; or

(bb) acts intended materially to impede the exercise

of the inspection and audit rights of the Procuring

Agency or any organization or person appointed

by the Procuring Agency and/or any relevant

RGoB agency provided for under sub-paragraph

(d) below of this paragraph 4.1.

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b) will reject a proposal for award if it determines that the

Consultant recommended for award has, directly or through

an agent, engaged in corrupt, fraudulent, collusive, coercive

or obstructive practices in competing for the contract in

question;

c) will sanction a Consultant or individual, including declaring

them ineligible, either indefinitely or for a stated period of

time, to be awarded an RGoB-financed contract if at any

time it determines that they have, directly or through an

agent, engaged in corrupt, fraudulent, collusive, coercive or

obstructive practices in competing for, or in executing, an

RGoB-financed contract;

d) will have the right to require that a provision be included in

Requests for Proposals and in contracts financed by the

RGoB, requiring Consultants and their Sub-Consultants to

permit the Procuring Agency, any organisation or person

appointed by the Procuring Agency and/or any relevant

RGoB agency to inspect their accounts and records and

other documents relating to their submission of proposals and

contract performance, and to have them audited by auditors

appointed by the Procuring Agency;

e) requires that Consultants, as a condition of admission to

eligibility, execute and attach to their Proposals an Integrity

Pact Statement in the form provided in Form TECH-8 of

Section 3 asspecified in ITC. Failure to provide a duly executed

Integrity Pact Statement may result in disqualification of the

Proposal; and

f) will report any case of corrupt, fraudulent, collusive, coercive

or obstructive practice to the relevant RGoB agencies,

including but not limited to the Anticorruption Commission

(ACC) of Bhutan, for necessary action as per the statutes

and provisions of the relevant agency.

4.2. Consultants, their Sub-Consultants, and their affiliates shall not be

under a declaration of ineligibility for corrupt, fraudulent, collusive,

coercive or obstructive practices issued by the Procuring Agency

in accordance with the above sub-paragraph (c) of this paragraph

4.1. Furthermore, Consultants shall be aware of the provisions on

fraud and corruption stated in the specific clauses in the General

Conditions of Contract.

4.3. Consultants shall furnish information on commissions and gratuities,

if any, paid or to be paid to agents relating to this proposal and

during execution of the assignment if the Consultant is awarded

the Contract, as requested in the Financial Proposal Submission

Form (Section 4).

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5. Origin of Goods and Consulting

Services

5.1. Goods supplied and Consulting Services provided under the

Contract may originate from any country except if:

a) as a matter of law or official regulation, RGoB prohibits

commercial relations with that country; or

b) by an act of compliance with a decision of the United Nations

Security Council taken under Chapter VII of the Charter of

the United Nations, Bhutan prohibits any imports of goods

or services from that country or any payments to persons or

entities in that country.

6. Only one

Proposal per

Consultant

6.1. A Consultant may only submit one proposal. If a Consultant submits

or participates in more than one proposal, such proposals shall be

disqualified. However, this does not limit the participation of the

same Sub-Consultant, including individual experts, in more than

one proposal.

7. Proposal Validity 7.1. The Data Sheet indicates how long Consultants’ Proposals must

remain valid after the submission date. During this period,

Consultants shall maintain the availability of Professional staff

nominated in the Proposal. The Procuring Agency will make its best

efforts to complete negotiations within this period. Should the need

arise, however, the Procuring Agency may request Consultants in

writing to extend the validity period of their proposals. Consultants

who agree to such extension shall confirm in writing that they

maintain the availability of the Professional staff nominated in the

Proposal or, in their confirmation of extension of validity of the

Proposal, Consultants could submit new staff in replacement who

would be considered in the final evaluation for Contract award.

Consultants who do not agree have the right to refuse to extend

the validity of their Proposals.

8. Eligibility of

Consultants 8.1. The Procuring Agency permits consultants (individuals and firms,

including Joint Ventures and their individual members) from all

countries to offer consulting services for RGoB projects.

8.2. Furthermore, it is the Consultant’s responsibility to ensure that its

Experts, joint venture members, Sub-consultants, agents (declared

or not), sub-contractors, service providers, suppliers and/or their

employees meet the eligibility requirements as established by the

RGoB in the Applicable Regulations.

8.3. In case a shortlisted Consultant intends to associate with other

Consultants who have not been shortlisted and/or individual

expert(s), such other Consultants and/or individual expert(s) shall

be subject to the same eligibility criteria as are stipulated for the

Consultant.

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9. Exclusion of Consultant or

Sub-Consultants

9.1. A Consultant and any Sub-consultant shall not be permitted to

submit a proposal or to be awarded a Contract under any of the

following circumstances:

a) it is insolvent or is in receivership or is a bankrupt or is in

the process of being wound up, or has entered into an

arrangement with creditors; or

b) its affairs are being administered by a court, judicial officer or

by an appointed liquidator; or

c) it has suspended business, or is in any analogous situation

arising from similar procedures under the laws and regulations

of its country of establishment; or

d) it has been found guilty of professional misconduct by a

recognized tribunal or professional body; or

e) it has not fulfilled its obligations with regard to the payment of

taxes, social security or other payments due in accordance

with the laws of the country in which it is established or of the

Kingdom of Bhutan; or

f) it is or has been guilty of serious misrepresentation in

supplying information in its tender or in the prior process

leading to it being classified as a shortlistedConsultant; or

g) it has been convicted for fraud and/or corruption by a

competent authority; or

h) it has not fulfilled any of its contractual obligations with the

Procuring Agency in the past; or

i) he has been debarred from participation in public procurement

by any competent authority as per law.

10. Contents,

Clarification and

Amendment

of the RFP

Document

10.1. The RFP document comprises:

Section 1 - Letter of Invitation

Section 2 - Instructions to Consultants (including Data Sheet)

Section 3 - Technical Proposal - Standard Forms

Section 4 - Financial Proposal - Standard Forms

Section 5 - Terms of Reference

Section 6 - Standard Forms of Contract (attach time-based or

Lump sum as appropriate)

10.2. Consultants may request a clarification of any part of the RFP

document up to the number of days indicated in the Data Sheet

before the proposal submission date. Any request for clarification

must be sent in writing to the Procuring Agency’s address indicated

in the Data Sheet. The Procuring Agency will respond in writing, and

will send written copies of the response (including an explanation

of the query but without identifying the source of the inquiry) to all

Consultants. Should the Procuring Agency deem it necessary to

amend the RFP as a result of a clarification, it shall do so following

the procedure under paragraph 10.4below.

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10.3. A pre-proposal meeting will be conducted only if strictly necessary

to clarify doubts and concerns of the shortlisted Consultants prior

to submission of proposals. Minutes of the pre-proposal meeting

shall be circulated to all shortlisted Consultants.

10.4. At any time before the submission of Proposals the Procuring

Agency may amend the RFP by issuing an addendum in writing.

The addendum shall be sent to all shortlisted Consultants and

will be binding on them. Consultants shall acknowledge receipt

of all addenda before the final date and time established for the

submission of Proposals. To give Consultants reasonable time in

which to take an addendum into account in their Proposals the

Procuring Agency may, if the addendum is substantial, extend the

deadline for the submission of Proposals.

11. Preparation of

Proposals

11.1. The Proposal, as well as all related correspondence exchanged

by the Consultant and the Procuring Agency, shall be written in the

language specified in the Data Sheet.

11.2. In preparing their Proposals, Consultants are expected to examine

in detail the documents comprising the RFP. Material deficiencies

in providing the information requested may result in rejection of a

Proposal.

11.3. While preparing the Technical Proposal, Consultants must pay

particular attention to the following:

a) If a shortlisted Consultant considers that it may enhance

its expertise for the assignment by associating with other

Consultants in a joint venture/consortium/association or sub-

consultancy it may associate with either (a) non-shortlisted

Consultant(s), or (b) shortlisted Consultants, if so indicated

in the Data Sheet. A shortlisted Consultant must first obtain

the approval of the Procuring Agency if it wishes to enter into

a joint venture/consortium/association with non-shortlisted

or shortlisted Consultant(s). In the case of a joint venture/

consortium/association with non-shortlisted Consultant(s), the

shortlisted Consultant shall act as joint venture/consortium/

association leader. In the case of a joint venture/consortium/

association, all partners shall be jointly and severally liable

and shall indicate who will act as the leader of the joint

venture/consortium/association.

b) The estimated number of Professional staff-months or the

budget for executing the assignment shall be shown in the

Data Sheet, but not both. However, the Proposal shall be

based on the number of Professional staff-months or the

budget estimated by the Consultant.

c) For fixed-budget-based assignments, the available budget

is given in the Data Sheet, and the Financial Proposal shall

not exceed this budget, while the estimated number of

Professional staff-months shall not be disclosed.

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d) Alternative professional staff shall not be proposed, and only

one curriculum vitae (CV) may be submitted for each position.

12. Language 12.1. Documents to be issued by the Consultant as part of this assignment

must be in the language specified in the Data Sheet.

13. Technical

Proposal Format

and Content

13.1. The Proposal shall comprise the documents and forms listed in the

Data Sheet.

13.2. The Consultant shall furnish information on commissions,

gratuities, and fees, if any, paid or to be paid to agents or any other

party relating to this Proposal and, if awarded, Contract execution,

as requested in the Financial Proposal submission form (Section

4. Financial Proposal - Standard Forms).

13.3. The Technical Proposal shall be prepared using the Standard Forms

provided in Section 3. Technical Proposal - Standard Forms of the

RFP and shall comprise the documents listed in the Data Sheet.

The Technical Proposal shall not include any financial information.

A Technical Proposal containing material financial information shall

be declared non-responsive.

13.4. Consultant shall not propose alternative Key Experts. Only one CV

shall be submitted for each Key Expert position. Failure to comply

with this requirement will make the Proposal non-responsive.

13.5. The Consultant is required to submit a Simplified Technical

Proposal (STP) using the Standard Forms provided in Section 3.

Technical Proposal - Standard Forms of the RFP.

14. Financial

Proposals 14.1. The Financial Proposal shall be prepared using the attached

Standard Forms (Section 4). It shall list all costs associated with the

assignment, including (a) remuneration for staff (foreign and local, in

the field and at the Consultant’s home office), and (b) reimbursable

expenses indicated in the Data Sheet. If appropriate, these costs

should be broken down by activity and, if also appropriate, into

foreign and local expenditures. All activities and items described

in the Technical Proposal must be priced separately; activities and

items described in the Technical Proposal but not priced shall be

assumed to be included in the prices of other activities or items.

14.2. In case of Foreign Consultants (as individual or as a firm), the

consultant may express the price of their services in a maximum of

three freely convertible foreign currencies, singly or in combination.

The Procuring Agency may require Consultants to state the portion

of their price representing local costs in Ngultrum (BTN) if so

indicated in the Data Sheet.

14.3. Commissions and gratuities, if any, paid or to be paid by Consultants

and related to the assignment will be listed in the Financial Proposal

Form FIN-1 of Section 4. Financial Proposal - Standard Forms.

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15. Taxes 15.1. The Consultant and its Sub-consultants and Experts are responsible

for meeting all tax liabilities arising out of the Contract. Information

on taxes in the Client’s country is provided in the Data Sheet.

16. Sealing &

Submission of

Proposals

16.1. The original proposal (Technical Proposal and, if required, Financial

Proposal) shall contain no interlineations or overwriting, except

as necessary to correct errors made by the Consultant itself. The

person who signed the Proposal must initial such corrections.

Submission letters for the Technical and Financial Proposals shall

respectively be in the format of TECH-1 of Section 3, and FIN-1 of

Section 4.

16.2. An authorized representative of the Consultant shall initial all

pages of the original Technical and Financial Proposals. The

authorization shall be in the form of a written power of attorney

accompanying the Proposal or in any other form demonstrating that

the representative has been duly authorized to sign. The signed

Technical and Financial Proposals shall be marked “Original”.

16.3. The Technical Proposal shall be marked “Original” or “COpy” as

appropriate. The Technical Proposals shall be sent to the addresses

referred to in paragraph 16.7 and in the number of copies indicated

in the Data Sheet. All required copies of the Technical Proposal are

to be made from the original. If there are discrepancies between

the original and the copies of the Technical Proposal, the original

shall govern.

16.4. The original and all copies of the Technical Proposal shall be

placed in a sealed envelope clearly marked “TeChniCal prOpOsal”

Similarly, the original Financial Proposal (if required under the

selection method indicated in the Data Sheet) shall be placed in

a sealed envelope clearly marked “FinanCial prOpOsal” followed

by the reference number and name of the assignment, and with

a warning “Do Not opeN With the techNical proposal.” The

envelopes containing the Technical and Financial Proposals shall

be placed into an outer envelope and sealed. This outer envelope

shall bear the submission address, reference number and title

of the assignment, and be clearly marked “CONFIDENTIAL –

Do Not opeN, except iN the preseNce of the appoiNteD opeNiNg

official(s), Before 10/02/2020, 2:30 PM. The Procuring Agency

shall not be responsible for misplacement, loss or premature

opening if the outer envelope is not sealed and/or marked as

stipulated. This circumstance may be case for Proposal

rejection. If the Financial Proposal is not submitted in a separate

sealed envelope duly marked as indicated above, this will

constitute grounds for declaring the Proposal non-responsive.

16.5. All inner envelopes shall:

a) be signed across their seals by the person authorized to sign

the Proposal on behalf of the Consultant; and

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b) be marked “ORIGINAL” or “COPIES”; and

c) indicate the name and address of the Consultant to enable

the Proposal to be returned unopened in case it is declared

late pursuant to paragraph 16.7 hereunder.

16.6. All inner and outer envelopes shall be sealed with adhesive or

other sealant, which will prevent re-opening.

16.7. The Proposals shall be delivered by hand or by registered post in

sealed envelopes to the address/addresses indicated in the Data

Sheet and received by the Procuring Agency no later than the time

and the date indicated in the Data Sheet, or any extension to this

date in accordance with paragraph10.4. Any proposal received by

the Procuring Agency after the deadline for submission shall be

returned unopened.

17. Withdrawal and

Substitution of

Proposals

1.1. A Consultant may withdraw or substitute its Proposal after it has

been submitted by sending a written notice in accordance with

paragraph 16, duly signed by an authorized representative, and

shall include a copy of the authorization (the power of attorney) in

accordance with paragraph 16.2. Any substitution of a Proposal

must accompany the respective written substitution notice. All

notices must be:

a) submittedin accordance with paragraph 16 above (except

that withdrawal notices do not require copies), and in

addition, the respective envelopes shall be clearly marked

“WiThdraWal” or “subsTiTuTiOn” and

b) received by the Procuring Agency prior to the deadline

prescribed

forsubmissionofProposals,inaccordancewithparagraph16.7.

1.2. Proposals requested to be withdrawn in accordance with paragraph

17.1shall be returned unopened to the Consultants.

1.3. No Proposal may be withdrawn or substituted in the interval

between the deadline for submission of Proposals and the expiry

of the period of Proposal validity specified by the Consultant in

its Proposal or any extension thereof. Any such withdrawal shall

result in the debarment by competent authority as per law.

18. Opening of

Technical

Proposals

18.1. Immediately after the closing date and time for submission of

Proposals any envelopes marked “Withdrawal” and accompanied

by a properly authorized withdrawal notice shall be put aside, and

stored safely and securely ready for return to the Consultant.

18.2. The Procuring Agency then shall open all remaining Technical

Proposals, including any substitutions accompanied by a properly

authorized substitution notice. The Financial Proposals shall

remain sealed and securely stored.

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19. Evaluation to be Confidential

19.1. From the time the Proposals are opened to the time the Contract

is awarded, the Consultant shall not contact the Procuring

Agency on any matter related to its Technical and/or Financial

Proposal. Any effort by any Consultant to influence the Procuring

Agency in the examination, evaluation, ranking of Proposals, and

recommendation for Award of Contract may result in the rejection

of the Consultant’s Proposal.

19.2. After the opening of Proposals, information concerning the

Proposal documents or any part of the contents thereof shall not

be released to any person or party that is not a member of the

Proposal Evaluation Committee.

19.3. The evaluation proceedings shall be kept confidential at all times

until the award of Contract is announced.

19.4. Evaluators of Technical Proposals shall have no access to the

Financial Proposals until the technical evaluation is concluded.

20. Evaluation

of Technical

Proposals

20.1. The Evaluation Committee shall evaluate the Technical Proposals

on the basis of their responsiveness to the Terms of Reference,

applying the evaluation criteria, sub-criteria and points system

specified in the Data Sheet. Each responsive Proposal will be given

a technical score (St). A Proposal shall be rejected at this stage if it

does not respond to important aspects of the RFP, particularly the

Terms of Reference, or if it fails to achieve the minimum technical

score indicated in the Data Sheet.

21. Public Opening

of Financial

Proposals (only

for QCBS, FBS,

and LCS)

21.1. After the technical evaluation is completed, the Procuring Agency

shall inform the Consultants who have submitted proposals the

technical scores obtained by their Technical Proposals, and

shall notify those Consultants whose Proposals did not meet the

minimum qualifying mark, or were considered non responsive to

the RFP and TOR, that their Financial Proposals will be returned

unopened after completing the selection process. The Procuring

Agency shall simultaneously notify in writing those Consultants

that have secured the minimum qualifying mark, the date, time and

location for opening the Financial Proposals. The opening date

shall allow Consultants sufficient time to make arrangements for

attending the opening. Consultants’ attendance at the opening of

Financial Proposals is optional.

21.2. Financial Proposals shall be opened publicly in the presence of the

Consultants’ representatives who choose to attend. The names of

the Consultants and their technical scores shall be read aloud.

The Financial Proposals of the Consultants who met the minimum

qualifying mark will then be inspected to confirm that they have

remained sealed and unopened. These Financial Proposals

shall be then opened, and the following information read out and

recorded:

17

a) name of the Consultant;

b) points awarded to the Technical Proposal; and

c) total price of the Financial Proposal.

The prices also shall be written on a notice board for the public to

copy.

21.3. The Procuring Agency shall prepare a record of the opening of the

Financial Proposals, which shall include the information disclosed

to those present in accordance with paragraph 21.2 above. The

minutes shall include, as a minimum:

a) the assignment title and reference number;

b) the date, time and place of opening of the Financial Proposals;

c) the prices offered by the Consultants;

d) the name and nationality of each Consultant;

e) the names of attendees at the opening of the Financial

Proposals, and of the Consultants they represent;

f) details of any complaints or other comments made by

Consultants’ representatives attending the opening of the

Financial Proposals, including the names and signatures

of the representatives making the complaint(s) and/or

comment(s); and

g) the names, designations and signatures of the members of

the Proposal Opening Committee.

21.4. The Consultants’ representatives who are present shall be

requested to sign the record. The omission of a representative’s

signature on the record shall not invalidate the contents and

effect of the record. A copy of the record shall be distributed to all

Consultants who submitted Proposals.

22. Correction of

Errors

22.1. The Evaluation Committee will correct any computational errors.

When correcting computational errors, in case of any discrepancy

between a partial amount and the total amount, or between words

and figures, the formers shall prevail. In addition to the above

corrections, as indicated under paragraph 14.1, activities and

items described in the Technical Proposal but not priced shall be

assumed to be included in the prices of other activities or items. In

case an activity or line item is quantified in the Financial Proposal

differently from the Technical Proposal:

a) if the Time-Based form of Contract has been included in the

RFP, the Evaluation Committee shall correct the quantification

indicated in the Financial Proposal so as to make it consistent

with that indicated in the Technical Proposal, apply the

relevant unit price included in the Financial Proposal to the

corrected quantity and correct the total Proposal cost; and

b) if the Lump-Sum form of Contract has been included in the

RFP, no corrections are applied to the Financial Proposal in

this respect.

18

23. Conversion to Single Currency

23.1. Prices shall be converted to a single currency using the selling

rates of exchange, source and date indicated in the Data Sheet.

24. Combined

Quality and Cost

Evaluation

24.1. In the case of QCBS, the lowest evaluated Financial Proposal

(Fm) will be given the maximum financial score (Sf) of 100 points.

The financial scores (Sf) of the other Financial Proposals will be

computed as indicated in the Data Sheet. Proposals will be ranked

according to their combined technical (St) and financial (Sf) scores

using the weights (T = the weight given to the Technical Proposal;

P = the weight given to the Financial Proposal; T + P = 1) indicated

in the Data Sheet: S = St x T% + Sf x P%. The firm achieving the

highest combined technical and financial score will be invited for

negotiations.

24.2. In the case of Fixed-Budget Selection, the Procuring Agency

will select the firm that submitted the highest ranked Technical

Proposal within the budget. Proposals that exceed the indicated

budget will be rejected. In the case of Least-Cost Selection, the

Procuring Agency will select the lowest proposal among those that

passed the minimum technical score. In both cases the evaluated

proposal price according to paragraph 24.1 shall be considered,

and the selected firm invited for negotiations.

24.3. In the case of Least-Cost Selection, the Procuring Agency will

select the lowest proposal among those that passed the minimum

technical score and invite such Consultant to negotiate the Contract.

25. Negotiations 25.1. Negotiations will be held at the date and address indicated in

the Data Sheet. The invited Consultant will, as a pre-requisite

for attendance at the negotiations, confirm availability of all

Professional staff. Failure to satisfy this requirement may result

in the Procuring Agency proceeding to negotiate with the next-

ranked Consultant. Representatives conducting negotiations on

behalf of the Consultant must have written authority to negotiate

and conclude a Contract.

26. Technical

Negotiations

26.1. Negotiations will include a discussion of the Technical Proposal,

the proposed technical approach and methodology, work plan,

organization and staffing, any suggestions made by the Consultant

to improve the Terms of Reference, and the Special Conditions of

Contract. The Procuring Agency and the Consultant will finalize

the Terms of Reference, staffing schedule, work schedule, logistics

and reporting. These documents will then be incorporated into the

Contract as “Description of Services”. Special attention will be

paid to defining clearly the inputs and facilities required from the

Procuring Agency in order to ensure satisfactory implementation

of the assignment. The Procuring Agency shall prepare minutes of

the negotiations, which shall be signed by the Procuring Agency

and the Consultant. The negotiations shall not substantially alter

the original Terms of Reference or the terms of the Contract.

19

27. Financial Negotiations

27.1. If applicable, it is the responsibility of the Consultant, before

starting financial negotiations, to contact the local tax authorities to

determine the local tax amount to be paid by the Consultant under

the Contract. The financial negotiations will include a clarification

(if any) of the Consultant’s tax liability in Bhutan, and the manner in

which it will be reflected in the Contract; and will reflect the agreed

technical modifications in the cost of the services.

27.2. In the cases of QCBS, Fixed-Budget Selection and the Least-Cost

Selection methods involving time based Contracts, unless there

are exceptional reasons the financial negotiations will involve

neither the remuneration rates for staff nor other proposed unit

rates. For other methods, Consultants will provide the Procuring

Agency with the information on remuneration rates described in

the Appendix attached to Section 4 - Financial Proposal - Standard

Forms of this RFP.

27.3. In the case of a Lump Sum Contract where price is a factor of

selection, the price shall not be negotiated.

27.4. Reimbursable costs are payable on an actual expenses incurred

basis, and thus shall not be subject to financial negotiation.

28. Availability of

Professional

Staff/Experts

28.1. Having selected the Consultant on the basis of, among other things,

an evaluation of proposed Professional staff, the Procuring Agency

expects to negotiate a Contract on the basis of the Professional

staff named in the Proposal. Before contract negotiations, the

Procuring Agency will require assurances that the Professional staff

will actually be available. The Procuring Agency will not consider

substitutions during contract negotiations unless both parties agree

that undue delay in the selection process makes such substitution

unavoidable or for reasons such as death or medical incapacity.

If this is not the case and if it is established that Professional staff

were offered in the proposal without confirming their availability,

the Consultant may be disqualified. Any proposed substitute shall

have equivalent or better qualifications and experience than the

original candidate and be submitted by the Consultant within the

period of time specified in the letter of invitation to negotiate.

29. Conclusion of the

Negotiations

29.1. Negotiations will conclude with a review of the draft Contract. To

complete negotiations the Procuring Agency and the Consultant

will initial the agreed Contract. If negotiations fail, the Procuring

Agency shall inform the Consultant in writing of the reasons for

termination of the negotiations and then shall invite the Consultant

whose Proposal received the second highest combined technical

and financial score to negotiate a Contract. Once negotiations

commence with the second ranked Consultant the Procuring

Agency shall not reopen the earlier negotiations.

20

30. Procuring Agency’s Right

to Accept Any

Proposal and to

Reject Any or All

Proposals

30.1. The Procuring Agency reserves the right to accept or reject any

Proposal, and to annul the Request for Proposals process and

reject all Proposals at any time prior to Contract award, without

thereby incurring any liability to Consultants.

31. Letter of Intent to

Award/Award of

Contract

31.1. The Procuring Agency shall notify the concerned Consultant whose

proposal has been selected in writing (in the format in Section 4-

hereafter called the Letter of Intent to award) that the Procuring

Agency has intention to accept its proposal and the information

regarding the name, address and amount of selected consultant

shall be given to all other consultants who submitted the proposal.

Such notification should be communicated in writing, including

by cable, facsimile, telex or electronic mail to all the Consultants

on the same day of dispatch. The Employer shall ensure that the

same information is uploaded on their website on the same day of

dispatch.

31.2. If no consultants submits an application pursuant to paragraph

31.1 within a period of ten(10) days of the notice provided under

paragraph 33.1,after completing negotiations the Procuring Agency

shall award the Contract to the selected Consultant, and:

a) as soon as possible notify unsuccessful Consultants, and

b) publish a notification of award on the Procuring Agency’s

website.

31.3. The notifications to all unsuccessful Consultants, and the

notification on the Procuring Agency’s website, shall include the

following information:

a) the assignment reference number;

b) the name of the winning Consultant and the Financial

Proposal total price it offered; and

c) the date of the award decision.

31.4. The time taken to notify unsuccessful Consultants and publish the

notification of award on the Procuring Agency’s website may in no

circumstances exceed 15 days from the date of the decision to

award the Contract to the successful Consultant.

31.5. Following the decision to award the Contract to the selected

Consultant, the parties shall enter into a written Contract binding on

both parties. The Contract shall be compatible with the Applicable

Laws of Bhutan. The Contract shall be signed by the duly authorized

representatives of the parties and shall bear the date of signature.

31.6. Where both the parties do not sign the Contract simultaneously,

21

a) The Procuring Agency shall send to the selected Consultant

two original copies of (1) the full agreed Contract and (2) the

letter of acceptance (notification of award), each signed by

the its duly authorized representative together with the date

of signature;

b) The letter of acceptance shall indicate the deadline by which

it must be accepted, which shall normally be not more than 15

days from the date of its receipt by the Consultant;

c) The Consultant, if he agrees to conclude the Contract, shall

sign and date all original copies of the Contract and the letter

of acceptance and return one copy of each to the Procuring

Agency before the expiry of the deadline indicated in the

letter of acceptance;

d) In case the selected Consultant fails to sign the Contract

agreement within the deadline specified in the letter of

acceptance the Contract shall be awarded to the next lowest

evaluated Consultant. Such a failure shall be considered as

withdrawal and the provisions of 17.3shall apply.

31.7. The Consultant is expected to commence the assignment on the

date and at the location specified in the Data Sheet.

32. Confidentiality 32.1. Information relating to evaluation of Proposals and

recommendations concerning awards shall not be disclosed to

the Consultants who submitted the Proposals or to other persons

not officially concerned with the process, until the publication of the

award of Contract. The undue use by any Consultant of

confidential information related to the process may result in the

rejection of its Proposal and may be subject to the provisions of

the RGoB’s antifraud and corruption policy.

33. Complaint and

Review

33.1. Any consultant has right to complain if it has or is likely to suffer,

loss or injury due to breach of a duty imposed on the Procuring

Entity by the provisions of this document. The Complaint shall be

submitted in writing to the Employer within ten (10) days from the

date of intention to award. In the first instance, the consultant who

submits Proposal shall submit the complaint to the Employer.

33.2. The Head of the procuring agency shall within seven (7) days after

the submission of the complaint issue a written decision.

33.3. The consultant may appeal to the Independent Review Body within

five (5) days of the decision of the Head of the procuring agency or

where no such decision has been taken within fifteen (15) days of

the original complaint and the copy of the appeal shall be given to

the procuring agency on the same day.

33.4. Once the appeal copy is received by the procuring agency, it shall

not proceed further with the procurement process until the receipt

of notification from the Independent Review Body Secretariat

22

34. Debriefing by Employer

34.1. On the receipt of employer’s notification of intention to award

referred to in ITC 1, an unsuccessful consultant has three (3) working

days to make a written request to the employer for debriefing. The

employer shall provide a debriefing to all unsuccessful consultants

whose request is received within this deadline.

34.2. Where a request for debriefing is received within the deadline, the

employer shall provide the debriefing within five (5) working days.

34.3. The Procuring Agency shall discuss only such proposal and not of

other competitors. The debriefing shall not include:

a) Point-by-point comparisons with another proposal; and

b) Information that is confidential or commercially sensitive to

other Consultants.

34.4. The Purpose of debriefing is to inform the aggrieved consultant

of the reasons for lack of success, pointing out the specific

shortcomings in its proposal without disclosing contents of other

proposals.

23

INSTRUCTIONS TO CONSULTANTS

DATA SHEET

ITC Paragraph

Reference Details

1.1 Name of the Procuring Agency: Construction Development Board

Method of selection: Combined Quality and Cost Evaluation Method

1.2 Financial Proposal to be submitted together with Technical Proposal:

Yes

The name of the assignment is: Development of Monitoring APP and

Enhancement of current CDB system to generate reports

The scope of the assignment and expected time of its completion are: Development of mobile app to collect data and enhancement of current CDB system to generate reports. Expected time of completion is 3 months

1.2 A pre-proposal conference will be held: No

1.3 The Procuring Agency will provide the following inputs and facilities: Relevant data/reports and documents related to monitoring and CDB system.

2.1 (a) The Procuring Agency envisages the need for continuity for downstream work:

No

4.1 (e) The bidders shall submit a signed Integrity Pact: Yes.

7.1 Proposals must remain valid 60 days after the submission date, i.e.

until:10/04/2020

10.2 Clarifications may be requested not later than seven(7) days before the

submission date, i.e until 03/02/2020

The address for requesting clarifications is: Budhi Man Shingdan or Amber Mongar.

Facsimile: 02-321989

E-mail:bmshingdan@cdb.gov.bt or amongar@cdb.gov.bt

11.1 The language to be used for all correspondence is English

11.3 (a)

Shortlisted Consultants may associate with other shortlisted Consultants: No

24

11.3 (b) The estimated number of professional staff-months required for the assignment

is: 4 key professionals for 3 months.

12.1 Proposals shall be submitted in the following language: English

13.1 The format of the Technical Proposal to be submitted is:

SIMPLIFIED TECHNICAL PROPOSAL (STP):

1st Inner Envelope with the Technical Proposal:

(1) Power of Attorney to sign the Proposal

(2) TECH-1 (3) TECH-2

(4) TECH-4

(5) TECH-5

(6) TECH-6

AND

2nd Inner Envelope with the Financial Proposal (if applicable):

(1) FIN-1

(2) FIN-2

(3) FIN-3

(4) FIN-4

25

14.1 1) a per diem allowance in respect of Personnel of the Consultant for every

day in which the Personnel shall be absent from the home office and, as

applicable, outside Bhutan, for the purposes of the Services;

2) cost of necessary travel, including transportation of the Personnel by the most

appropriate means of transport and the most direct practicable route;

3) cost of office accommodation, investigations and surveys;

4) cost of applicable international or local communications such as the use of

telephone and facsimile required for the purpose of the Services;

5) cost, rental and freight of any instruments or equipment required to be provided

by the Consultant for the purposes of the Services;

6) cost of printing and dispatching of the reports to be produced for the Services;

7) other allowances where applicable and provisional or fixed sums (if any); and

8) cost of such further items required for purposes of the Services not covered

in the foregoing.

14.2 Consultant to state local cost in Ngultrum: Yes

15.1 Information on the Consultant’s tax obligations in the Client’s country can be

found. [Department of revenue and Customs, Ministry of Finance]

The consultant will pay local taxes without reimbursement by the Client

16.3 The Consultant must submit the original and one (1) copy of the Technical

Proposal, and the original of the Financial Proposal.

16.7 The Proposal submission address is:

Director

Construction Development Board

Thongsel lam, Thimphu

Proposals must be submitted no later than the following date and time:

10/02/2020 and 11:00 hours

20.1 Criteria, sub-criteria and the points system for the evaluation of Simplified

Technical Proposals are:

Points

(i) Adequacy of the firm, proposed technical approach, methodology, work plan

and long term support in responding to the Terms of Reference: 40 points

(ii) Key professional staff qualifications and competence for the assignment:

a) Project manager 10 points

b) Developer ( Android & IOS) 20 points

c) Developer (Laravel Framework 4.2(PHP) and Java ) 20 points

d) Database Administrator 10 points

Total points for criterion (ii): 60 points

26

The number of points to be assigned to each of the above positions or is

attached in annexure 1

The minimum technical score St required to pass is: 65 Points

23.1 The single currency for price conversions is Bhutanese Ngultrum (BTN).

24.1 The formula for determining the financial scores is the following:

Sf = 100 x Fm/F, in which Sf is the financial score, Fm is the lowest price and F

the price of the proposal under consideration.

The weights given to the Technical and Financial Proposals are:

T =70% (percent), and

P =30% (percent)

25.1 Expected date and address for contract negotiations:

Place: Construction Development Board office, Thimphu

Date: 18/02/2020

31.7 Expected date for commencement of consulting services:

01/03/2020

at: Thimphu

27

Annexure 1 Criteria, sub-criteria and the points system for the evaluation of simplified Technical Proposal 1. Adequacy of the bidders, technical approach and methodology in response to the terms of reference: 40 points

Sl no

Criteria Points

A The relevance of consultant’s experience for the assignment

20

a) Company Profile 5

b) Execution of similar projects ( Web development and mobile APP)

15

` B

Adequacy of proposed methodology and work plan 20

a) Technical Approach and Methodology 10

b) Work plan 5

c) Long term support 5

The number of points assigned to each of the above positions shall be determined considering the following three sub-criteria and relevant percentage weights:

Sl no

Sub-Criteria Points

a)Company Profile

1 5 or more years of establishment 5

2 4 or more years of establishment 4

3 3 or more years of establishment 3

4 2 or more years of establishment 2

5 1 or more years of establishment 1

6 Less than 1 year of establishment 0

b) Execution of similar projects ( Web development and mobile APP)

Web development

1 5 or more projects executed in web development and database administration

7

2 4 or more projects executed in web development and database administration

5

3 3 or more projects executed in web development and database administration

4

4 2 or more projects executed in web development and database administration

3

5 1 or more projects executed in web development and database administration

1

6 Less than 1 0

Mobile APP

1 5 or more mobile app developed 8

2 4 or more mobile app developed 6

3 3 or more mobile app developed 5

4 2 or more mobile app developed 4

5 1 or more mobile app developed 3

6 Less than 1 0

28

a)Technical Approach and Methodology

1 Very good 10

2 Good 7.5

3 Satisfactory 5

4 Poor 2

b) Work plan

1 Very good 5

2 Good 3

3 Satisfactory 2

c) Long term support

1 Maintenance and support for 3 years 5

2 Maintenance and support for 2 years 3

3 Maintenance and support for 1 years 1

Note:

The year of establishment will be based on Trade licence.

Bidder need to submit work completion certificate issued by the agencies for web development and mobile app developed.

Commitment letter to the Client for long term support specifying no. of years for support. The definition for sub-criteria under “Adequacy of proposed methodology and work plan” are stated below’ a) Technical Approach and Methodology: • Poor: The technical approach or the methodology are inappropriate or very poorly presented, indicating that the consultant has misunderstood important aspects of the scope of work. The list of contents of the Quality Plan (required in the TOR) is missing. • Satisfactory: The way to carry out the different activities of the TOR is discussed generically. The approach is standard and not specifically tailored to the assignment. The list of contents of the Quality Plan (required in the TOR) is provided, but it is generic and does not reflect the specific features of the assignment. • Good: The proposed approach is discussed in full details, and the methodology is specifically tailored to the characteristics of the assignment and flexible enough to allow its adaptation to changes that may occur during execution of the services. The list of contents of the Quality Plan (required in the TOR) is tailored to the specific characteristics of the assignment. • Very Good: In addition to the requirements listed above under “Good,” important issues are approached in an innovative and efficient way, indicating that the consultants have understood the main issues of the assignment and have outstanding knowledge of new solutions. The proposal details ways to improve the results and the quality of the assignment by using state-ofthe-art approaches, methodologies, and knowledge. b) Work Plan: • Satisfactory: The activity schedule omits important task; the timing of activities and correlation among them is inconsistent with the approach and/ or methodology proposed. There is lack of clarity and logic in the sequencing. • Good: All key activities are included in the activity schedule, but they are not detailed. There are minor inconsistencies between timing, assignment outputs, and proposed approach. • Very Good: The work plan fits the TOR well; all important activities are indicated in the activity schedule and their timing is appropriate and consistent with the assignment outputs; and the interrelation between the various activities is realistic and consistent with the proposed approach.

29

Key professionals: 60 points

Sl no.

Key professionals Points

1 Project manager 10

2. Developer ( Android & IOS) 20

3. Developer (Laravel Framework 4.2(PHP) and Java ) 20

4. Database Administrator 10

The number of points assigned to each of the above positions shall be determined considering the following three sub-criteria and relevant percentage weights: 1. Qualification: 30%

Sl no

Qualification (in relevant field) Percentage

1 Master or above 30

2 Degree 25

3. Diploma 15

4 Certificate 10

Academic transcript should be submitted for general qualification. 2. Adequacy for the assignment: 60%

Sl no

Similar work experience Percentage

1 5 or more projects 60

2 4 projects 50

3 3 projects 30

4 2 projects 15

5 1 project 5

Document proof should be submitted. 3. Experience in region and language: 10%

Sl no

Relevant Training/certificates Percentage

1 5 or more 10

2 3 8

3 2 5

4 1 3

Document proof should be submitted.

30

SECTION 3. TECHNICAL PROPOSAL - STANDARD FORMS

Refer to Reference paragraph 13.1 of the Data Sheet for format of Technical Proposal to be sub-

mitted, and paragraph 13.1 of Section 2 of the RFP for Standard Forms required and number of

pages recommended.

Checklist of Required Forms

FORM DESCRIPTION

TECH-1 Technical Proposal Submission Form.

TECH-2 Consultant’s Organization and experience

Power of Attorney No pre-set format/form.

TECH-4 Description of the Approach, Methodology, and Work Plan for Per-

forming the Assignment

TECH-5 Work Schedule and Planning for Deliverables

TECH-6 Team Composition, Key Experts Inputs, and attached Curriculum Vi-

tae (CV)

TECH-8 Integrity Pact

The same authorized representative of the Consultant who signs the Proposal shall initial

all pages of the original Technical and Financial Proposal.

31

Form TECH-1

Technical Proposal Submission Form

{Location, Date}

To:

Director,

Construction Development Board

Thimphu

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of assignment]

in accordance with your Request for Proposals (RFP) dated [Insert Date] and our Proposal. [Se-

lect appropriate wording depending on the selection method stated in the RFP: “We are hereby

submitting our Proposal, which includes this Technical Proposal and a Financial Proposal sealed

in a separate envelope” or, if only a Technical Proposal is invited “We hereby are submitting our

Proposal, which includes this Technical Proposal only in a sealed envelope.”].

We hereby declare that:

b) All the information and statements made in this Proposal are true and we accept that

any misinterpretation or misrepresentation contained in this Proposal may lead to our

disqualification by the Client.

c) Our Proposal shall be valid and remain binding upon us for the period of time specified

in the Data Sheet, ITC 7.1.

d) We have no conflict of interest in accordance with ITC 2.

e) We meet the eligibility requirements as stated in ITC 8, and we confirm our understanding

of our obligation to abide by the RGoB’s policy in regard to Fraud and Corruption as

per ITC 4.

f) We, including any sub-consultants for any part of the Contract, have nationalities from

eligible countries in accordance with ITC Sub-Clause 5.1;

g) Except as stated in the Data Sheet, ITC 28, we undertake to negotiate a Contract on

the basis of the proposed Key Experts. We accept that the substitution of Key Experts

for reasons other than those stated in ITC 13.4 and ITC 28, may lead to the termination

of Contract negotiations.

h) Our Proposal is binding upon us and subject to any modifications resulting from the

Contract negotiations.

32

We undertake, if our Proposal is accepted and the Contract is signed, to initiate the Services related

to the assignment no later than the date indicated in ITC 31.7 of the Data Sheet.

We understand that the Client is not bound to accept any Proposal that the Client receives.

We remain,

yours sincerely,

Authorized Signature [In full and initials]:

Name and Title of Signatory:

Address:

Contact information (phone and e-mail):

33

Form TECH-2 (for full techNical proposal oNly)

Consultant’s Organization and Experience

Form TECH-2: a brief description of the Consultant’s organization and an outline of the recent ex-

perience of the Consultant that is most relevant to the assignment. For each assignment, the

outline should indicate the names of the Consultant’s Key Experts involved the duration of the

assignment, the contract amount and the Consultant’s role/involvement.

A - Consultant’s Organization

1. Provide here a brief description of the background and organization of your company.

2. Include organizational chart, a list of Board of Directors, and beneficial ownership

B - Consultant’s Experience

1. List only previous similar assignments successfully completed in the last [.....]years.

2. List only those assignments for which the Consultant was legally contracted by the Client

as a company. Assignments completed by the Consultant’s individual experts working

privately or through other consulting firms cannot be claimed as the relevant experience of

the Consultant, or that of the Consultant’s partners or sub-consultants, but can be claimed

by the Experts themselves in their CVs. The Consultant should be prepared to substantiate

the claimed experience by presenting copies of relevant documents and references if so

requested by the Client.

34

Duration

Assignment name/&

brief description of

main deliverables/

outputs

Name of Client

& Country of

Assignment

Approx. Con-

tract value (in

BTN/ equiva-

lent)/ Amount

paid to your

firm

Role on the

Assignment

{e.g., Jan.2009– Apr.2010}

{e.g., “Improvement quality of...............”: designed master plan for rationalization of ........; }

{e.g., Ministry of ......, country}

{e.g., BTN1 mill/BTN 0.5 mill}

{e.g., Lead partner in a JV A&B&C}

{e.g., Jan- May 2008}

{e.g., “Support to sub-national govern- ment.....” : drafted sec- ondary level regulations on..............}

{e.g., munici- pality of........., country}

{e.g., BTN 0.2 mil/BTN 0.2 mil}

{e.g., sole Consultant}

Form TECH-3 (for full techNical proposal)

Comments and Suggestions on the Terms of Reference, Counterpart Staff, and Facilities

to be Provided by the Client

Form TECH-3: comments and suggestions on the Terms of Reference that could improve the

quality/effectiveness of the assignment; and on requirements for counterpart staff and facilities,

which are provided by the Client, including: administrative support, office space, local transportation,

equipment, data, etc.

A - On the Terms of Reference

{Improvements to the Terms of Reference, if any}

B - On Counterpart Staff and Facilities

{Comments on counterpart staff and facilities to be provided by the Client. For example,

administrative support, office space, local transportation, equipment, data, background reports,

etc., if any}

35

Form TECH-4 (for full techNical proposal oNly)

Description of Approach, Methodology, and Work Plan in Responding to the Terms of

Reference

Form TECH-4: a description of the approach, methodology and work plan for performing the

assignment, including a detailed description of the proposed methodology and staffing for training,

if the Terms of Reference specify training as a specific component of the assignment.

{Suggested structure of your Technical Proposal (in FTP format):

a) Technical Approach and Methodology

b) Work Plan

c) Organization and Staffing}

a) Technical Approach and Methodology.{Please explain your understanding of the

objectives of the assignment as outlined in the Terms of Reference (TORs), the technical

approach, and the methodology you would adopt for implementing the tasks to deliver the

expected output(s), and the degree of detail of such output. Please do not repeat/copy the

TORs in here.}

b) Work Plan.{Please outline the plan for the implementation of the main activities/tasks of

the assignment, their content and duration, phasing and interrelations, milestones (including

interim approvals by the Client), and tentative delivery dates of the reports. The proposed

work plan should be consistent with the technical approach and methodology, showing your

understanding of the TOR and ability to translate them into a feasible working plan. A list of

the final documents (including reports) to be delivered as final output(s) should be included

here. The work plan should be consistent with the Work Schedule Form.}

c) Organization and Staffing.{Please describe the structure and composition of your

team, including the list of the Key Experts, Non-Key Experts and relevant technical and

administrative support staff.}

Form TECH-4 (for simplifieD techNical proposal oNly)

Description of Approach, Methodology, and Work Plan for Performing the Assignment

Form TECH-4: a description of the approach, methodology, and work plan for performing the

assignment, including a detailed description of the proposed methodology and staffing for training,

if the Terms of Reference specify training as a specific component of the assignment.

{Suggested structure of your Technical Proposal}

a) Technical Approach, Methodology, and Organization of the Consultant’s team. {Please

explain your understanding of the objectives of the assignment as outlined in the Terms

of Reference (TOR), the technical approach, and the methodology you would adopt for

implementing the tasks to deliver the expected output(s); the degree of detail of such output;

and describe the structure and composition of your team. Please do not repeat/copy the

TORs in here.}

36

b) Work Plan and Staffing. {Please outline the plan for the implementation of the main activities/

tasks of the assignment, their content and duration, phasing and interrelations, milestones

(including interim approvals by the Client), and tentative delivery dates of the reports. The

proposed work plan should be consistent with the technical approach and methodology,

showing understanding of the TOR and ability to translate them into a feasible working plan

and work schedule showing the assigned tasks for each expert. A list of the final documents

(including reports) to be delivered as final output(s) should be included here. The work plan

should be consistent with the Work Schedule Form.}

c) Comments (on the TOR and on counterpart staff and facilities) {Your suggestions

should be concise and to the point, and incorporated in your Proposal. Please also include

comments, if any, on counterpart staff and facilities to be provided by the Client. For example,

administrative support, office space, local transportation, equipment, data, background

reports, etc.}

37

Form TECH-5 (for FTP and STP)

Work Schedule and planning for deliverables

No.

Deliverables 1 (D-..)

Months

1 2 3 4 5 6 7 8 9 ..... n TOTAL

D-1 {e.g., Deliverable #1: Report A

1. data collection

2. drafting

3. inception report

4. incorporating comments

5. delivery of final report to

Client}

D-2 {e.g., Deliverable #2:...............}

1. List the deliverables with the breakdown for activities required to produce them and other

benchmarks such as the Client’s approvals. For phased assignments, indicate the activities,

delivery of reports, and benchmarks separately for each phase.

2. Duration of activities shall be indicated in a form of a bar chart.

3. Include a legend, if necessary, to help read the chart.

38

Form TECH-6 (for ftp aND stp)

team compositioN, assigNmeNt, aND Key experts’ iNputs

No

Name

Expert’s input (in person/month) per each Deliverable (listed in TECH-5)

Total time-input

(in Months)

Position

D-1

D-2

D-3 ........

D-...

Home Field Total

KEY EXPERTS

K-1

{e.g.,

Mr.

Abbbb}

[Team

Leader]

[Home] [2 month]

[1.0]

[1.0]

[Field] [0.5 m]

[2.5]

[0]

K-2

K-3

n

Subtotal

NON-KEY

EXPERTS

N-1

[Home]

[Field]

N-2

n

Subtotal

Total

1. For Key Experts, the input should be indicated individually for the same positions as required

under the Data Sheet ITC 20.1

2. Months are counted from the start of the assignment/mobilization. For each staff indicate

separately staff input for home and field work.

3. “Home” means work in the office in the expert’s country of residence. “Field” work means

work carried out in the Client’s country or any other country outside the expert’s country of

residence.

Full time input

Part time input

39

Form TECH-6

(Continued)

CURRICULUM VITAE (CV)

Position Title and No. {e.g., K-1, TEAM LEADER}

Name of Expert: {Insert full name}

Date of Birth: {day/month/year}

Country of Citizenship/Residence

Education: {List college/university or other specialized education, giving names of educational

institutions, dates attended, degree(s)/diploma(s) obtained}

Employment record relevant to the assignment: {Starting with present position, list in reverse

order. Please provide dates, name of employing organization, titles of positions held, types of

activities performed and location of the assignment, and contact information of previous clients

and employing organization(s) who can be contacted for references. Past employment that is not

relevant to the assignment does not need to be included.}

Period

Employing organization and your

title/position. Contact information for

references

Country

Summary

of activities

performed relevant

to the Assignment

[e.g., May

2005-present]

[e.g., Ministry of ……, advisor/consultant

to…

For references: Tel…………/e-mail……;

Mr. Hbbbbb, deputy minister]

Membership in Professional Associations and Publications:

Language Skills (indicate only languages in which you can work):

40

Adequacy for the Assignment:

Detailed Tasks Assigned on Consultant’s Team of Experts:

Reference to Prior Work/Assignments that

Best Illustrates Capability to Handle the

Assigned Tasks

{List all deliverables/tasks as in TECH- 5 in which the Expert will be involved)

Expert’s contact information: (e-mail …………………., phone……………)

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes

myself, my qualifications, and my experience, and I am available to undertake the assignment in

case of an award. I understand that any misstatement or misrepresentation described herein may

lead to my disqualification or dismissal by the Client.

{day/month/year}

Name of Expert Signature

Date

{day/month/year}

Name of authorized Signature

Date

Representative of the Consultant

(the same who signs the Proposal)

41

FORM TECH-8 INTEGRITY PACT

INTEGRITY PACT

1. General:

Whereas the Director, Construction Development Board, hereinafter referred to as the

“Employer” on one part, and (Name of the bidder or his/her authorized representative, with power of attorney)

representing M/s. (Name of the firm), hereinafter referred to as the “Bidder” on the other part hereby

shall execute this pact as follows:

Whereas, the Employer and the Bidder agree to abide by the terms and conditions stated in this

document, hereinafter referred to as ‘IP’.

2. Objectives:

This IP aims to prevent all forms of corruption or deceptive practice by following a system that is

fair, transparent and free from any influence/unprejudiced dealings in the bidding process and

contract administration , with a view to:

2.1. Enabling the Employer to obtain the desired contract at a reasonable and competitive

price in conformity to the defined specifications of the works or goods or services; and

2.2. Enabling bidders to abstain from bribing or any corrupt practice in order to secure the

contract by providing assurance to them that their competitors will also refrain from

bribing and other corrupt practices.

3. Scope:

The validity of this IP shall cover the bidding process and contract administration period.

4. Commitments of the Employer:

The Employer commits itself to the following:

4.1. The Employer hereby undertakes that no officials of the Employer, connected directly or

indirectly with the contract, will demand, take a promise for or accept, directly or through

intermediaries, any bribe, consideration, gift, reward, favor or any material or immaterial

benefit or any other advantage from the Bidder, either for themselves or for any person,

organization or third party related to the contract in exchange for an advantage in the

bidding process and contract administration.

4.2. The Employer hereby confirms that its officials shall declare conflict of interest and if any

official(s) or his or her relative or associate has a private or personal interest in a decision

to be taken by the Employer, those officials shall not vote or take part in a proceeding or

process of the Employer relating to such decision.

4.3. Officials of the Employer, who may have observed or noticed or have reasonable

suspicion of person(s) who breaches or attempts to breach the conditions under clauses

4.1 and 4.2.shall report it to the Employer or the authority concerned

4.4. Following report on breach of conditions under clauses 4.1 and 4.2 by official (s), through

any source, necessary disciplinary proceedings or any other action as deemed fit, shall

be initiated by the Employer including criminal proceedings and such a person shall be

debarred from further dealings related to the bidding process and contract administration.

42

5. Commitments of Bidders

The Bidder commits himself/herself to take all measures necessary to prevent corrupt practices,

unfair means and illegal activities during any stage of the bidding process and contract administra-

tion in order to secure the contract or in furtherance to secure it and in particular commits himself/

herself to the following :

5.1. The Bidder shall not offer, directly or through intermediaries, any bribe, gift, consideration,

reward, favor, any material or immaterial benefit or other advantage, commission, fees,

brokerage or inducement to any official of the Employer, connected directly or indirectly

with the bidding process and contract administration, or to any person, organization or

third party related to the contract in exchange for any advantage in the bidding process

and contract administration.

5.2. The Bidder shall not collude with other parties interested in the contract to manipulate in

whatsoever form or manner, the bidding process and contract administration.

5.3. If the bidder(s) have observed or noticed or have reasonable suspicion that the provisions

of the IP have been breached by the Employer or other bidders, the bidder shall report

such breach to the Employer or authority concerned.

6. Sanctions:

For the breach of any of the aforementioned conditions, the bidder/employer shall also be liable

for offences under the Chapter 4 of the Anti-Corruption Act 2011 and other relevant rules and laws.

7. Monitoring and Administration:

7.1. The respective Employer shall be responsible for administration and monitoring of the IP

as per the relevant laws.

7.2. The Bidder shall have the right to appeal as per the arbitration mechanism contained in

the relevant rules.

We, hereby declare that we have read and understood the clauses of this agreement and shall

abide by it.

The parties hereby sign this Integrity Pact at Thimphu on (date)

EMPLOYER

BIDDER/REPRESENTATIVE

CID :

CID :

43

SECTION 4. FINANCIAL PROPOSAL - STANDARD FORMS

Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal

according to the instructions provided under paragraph 14 of Section 2. Such Forms are to be

used whichever is the selection method indicated in the fourth paragraph of the Letter of Invitation.

Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal

according to the instructions provided in Section 2.

FIN-1 Financial Proposal Submission Form

FIN-2 Summary of Costs

FIN-3 Breakdown of Remuneration, including Appendix A “Financial Negotiations - Breakdown

of Remuneration Rates”

FIN-4 Re-imbursable expenses

44

Form FIN-1

Financial Proposal Submission Form

[Location, Date]

To:

The Director,

Construction Development Board,

Thimphu Bhutan

Dear Sirs:

We, the undersigned, offer to provide the consulting services for Development of Monitoring

App in accordance with your Request for Proposal dated [Insert Date] and our Technical Proposal.

Our attached Financial Proposal is for the sum of [Insert amount(s) in words and figures] which is

all-inclusive (including all taxes) {Please note that all amounts shall be the same as in Form FIN-

2}.

Our Financial Proposal shall be valid and remain binding upon us, subject to the modifications

resulting from Contract negotiations, for the period of time specified in the Data Sheet, ITC 12.1.

Commissions and gratuities paid or to be paid by us to an agent or any third party relating to

preparation or submission of this Proposal and Contract execution, paid if we are awarded the

Contract, are listed below:

Name and Address Amount and Purpose of Commission of Agents

Currency or Gratuity

{If no payments are made or promised, add the following statement: “No commissions or gratuities

have been or are to be paid by us to agents or any third party relating to this Proposal and Contract

execution.”}

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature {In full and initials}:

Name and Title of Signatory:

In the capacity of:

Address:

E-mail:

45

Form FIN-2 Summary of Costs

Item

Cost

{Consultant must state the proposed Costs in accordance with

ITC 16.4 of the Data Sheet; delete columns which are not used}

{Insert For-

eign Curren-

cy # 1}

{Insert For-

eign Curren-

cy # 2,

if used}

{Insert For-

eign Curren-

cy # 3,

if used}

{Insert

Local Currency, if

used and/or required

(16.4 Data Sheet}

Cost of the Financial

Proposal

Including:

1. Remuneration

2. Reimbursables

3. Taxes

Total Cost of the Financial

Proposal:

{Should match the amount in

Form FIN-1}

Footnote: Payments will be made in the currency (ies) expressed above (Reference to ITC

16.4).

46

FORM FIN-3 Breakdown of Remuneration

When used for Lump-Sum contract assignment, information to be provided in this Form shall only

be used to demonstrate the basis for the calculation of the Contract’s ceiling amount; to calculate

applicable taxes at contract negotiations; and, if needed, to establish payments to the Consultant

for possible additional services requested by the Client. This Form shall not be used as a basis for

payments under Lump-Sum contracts

A. Remuneration

No.

Name

Position

(as in

TECH-6)

Person-month

Remuneration

Rate

Time Input in

Person/Month

(from TECH-6)

{Currency

# 1- as in

FIN-2}

{Currency

# 2- as in

FIN-2}

{Currency#

3- as in

FIN-2}

{Local

Currency-

as in FIN-2}

Key Experts

K-1

[Home]

[Field]

K-2

Non-Key Experts

N-1

[Home]

N-2

[Field]

Total Costs

47

APPENDIX A. FINANCIAL NEGOTIATIONS - BREAKDOWN OF

REMUNERATION RATES

1. Review of Remuneration Rates

1.1. .The remuneration rates are made up of salary or a base fee, social costs, overheads,

profit, and any premium or allowance that may be paid for assignments away from

headquarters or a home office. An attached Sample Form can be used to provide a

breakdown of rates.

1.2. If the RFP requests submission of a technical proposal only, the Sample Form is used

by the selected Consultant to prepare for the negotiations of the Contract. If the RFP

requests submission of the financial proposal, the Sample Form shall be completed and

attached to the Financial Form-3. Agreed (at the negotiations) breakdown sheets shall

form part of the negotiated Contract and included in its Appendix D or C.

1.3. At the negotiations the firm shall be prepared to disclose its audited financial statements

for the last three years, to substantiate its rates, and accept that its proposed rates and

other financial matters are subject to scrutiny. The Client is charged with the custody

of government funds and is expected to exercise prudence in the expenditure of these

funds.

1.4. Rate details are discussed below:

(i) Salary is the gross regular cash salary or fee paid to the individual in the firm’s home

office. It shall not contain any premium for work away from headquarters or bonus

(except where these are included by law or government regulations).

(ii) Bonuses are normally paid out of profits. To avoid double counting, any bonuses shall

not normally be included in the “Salary” and should be shown separately. Where

the Consultant’s accounting system is such that the percentages of social costs and

overheads are based on total revenue, including bonuses, those percentages shall

be adjusted downward accordingly. Where national policy requires that 13 months’

pay be given for 12 months’ work, the profit element need not be adjusted downward.

Any discussions on bonuses shall be supported by audited documentation, which

shall be treated as confidential.

(iii) Social Charges are the costs of non-monetary benefits and may include, inter alia,

social security (including pension, medical, and life insurance costs) and the cost of

a paid sick and/or annual leave. In this regard, a paid leave during public holidays

or an annual leave taken during an assignment if no Expert’s replacement has been

provided is not considered social charges.

(iv) Cost of Leave. The principles of calculating the cost of total days leave per annum

as a percentage of basic salary is normally calculated as follows:

Leave cost as percentage of salary =

Where w = weekends, ph = public holidays, v = vacation, and s = sick leave.

Please note that leave can be considered as a social cost only if the Client is not

charged for the leave taken.

(v) Overheads are the Consultant’s business costs that are not directly related to the

execution of the assignment and shall not be reimbursed as separate items under

the Contract. Typical items are home office costs (non-billable time, time of senior

Consultant’s staff monitoring the project, rent of headquarters’ office, support staff,

48

research, staff training, marketing, etc.), the cost of Consultant’s personnel not

currently employed on revenue-earning projects, taxes on business activities, and

business promotion costs. During negotiations, audited financial statements, certified

as correct by an independent auditor and supporting the last three years’ overheads,

shall be available for discussion, together with detailed lists of items making up the

overheads and the percentage by which each relates to basic salary. The Client

does not accept an add-on margin for social charges, overhead expenses, etc. for

Experts who are not permanent employees of the Consultant. In such case, the

Consultant shall be entitled only to administrative costs and a fee on the monthly

payments charged for sub-contracted Experts.

(vi) Profit is normally based on the sum of the Salary, Social costs, and Overheads. If

any bonuses paid on a regular basis are listed, a corresponding reduction shall

be made in the profit amount. Profit shall not be allowed on travel or any other

reimbursable expenses.

(vii) Away from Home Office Allowance or Premium or Subsistence Allowances. Some

Consultants pay allowances to Experts working away from headquarters or outside

of the home office. Such allowances are calculated as a percentage of salary (or

a fee) and shall not draw overheads or profit. Sometimes, by law, such allowances

may draw social costs. In this case, the amount of this social cost shall still be shown

under social costs, with the net allowance shown separately.

UNDP standard rates for the particular country may be used as reference to deter-

mine subsistence allowances.

49

SAMPLE FORM

Consultant: Country:

Assignment: Date:

Consultant’s Representations Regarding Costs and Charges

We hereby confirm that:

(a) the basic fees indicated in the attached table are taken from the firm’s payroll records and

reflect the current rates of the Experts listed which have not been raised other than within the

normal annual pay increase policy as applied to all the Consultant’s Experts;

(b) attached are true copies of the latest pay slips of the Experts listed;

(c) he away- from- home office allowances indicated below are those that the Consultant has

agreed to pay for this assignment to the Experts listed;

(d) he factors listed in the attached table for social charges and overhead are based on the firm’s

average cost experiences for the latest three years as represented by the firm’s financial

statements; and

(e) said factors for overhead and social charges do not include any bonuses or other means of

profit-sharing.

[Name of Consultant]

Signature of Authorized Representative Date

Name:

Title:

50

Consultant’s Representations Regarding Costs and Charges

(Model Form I)

(Expressed in {insert name of currency*})

Personnel 1 2 3 4 5 6 7 8

Name

Position

Basic

Remuneration

Rate per

Working

Month/Day/

Year

Social

Charges1

Overhead1

Subtotal

Profit2

Away from

Home

Office

Allowance

Proposed

Fixed Rate

per Working

Month/Day/

Hour

Proposed

Fixed Rate

per Working

Month/Day/

Hour1

Home Office

Client’s Country

{* If more than one currency is used, use additional table(s), one for each currency}

1. Expressed as percentage of 1

2. Expressed as percentage of 4

51

Form FIN-4 Breakdown of Reimbursable Expenses

When used for Lump-Sum contract assignment, information to be provided in this Form shall

only be used to demonstrate the basis for calculation of the Contract ceiling amount, to calculate

applicable taxes at contract negotiations and, if needed, to establish payments to the Consultant

for possible additional services requested by the Client. This form shall not be used as a basis for

payments under Lump-Sum contracts

B. Reimbursable Expenses

N°

Type of Reimbursable

Expenses

Unit

Unit

Cost

Quantity

{Currency

# 1- as in

FIN-2}

{Currency

# 2- as in

FIN-2}

{Currency#

3- as in

FIN-2}

{Local

Currency-

as in

FIN-2}

{e.g., Per diem

allowances**}

{Day}

{e.g., International

flights} {Ticket}

{e.g., In/out airport

transportation}

{Trip}

{e.g., Communication

costs between Insert

place and Insert place}

{ e.g., reproduction of

reports}

{e.g., Office rent}

....................................

{Training of the Client’s

personnel – if required

in TOR}

Total Costs

Legend:

“Per diem allowance” is paid for each night the expert is required by the Contract to be away from

his/her usual place of residence. Client can set up a ceiling.

52

STANDARD FORM: LETTER OF INTENT (Letterhead paper of the Employer)

( date)

To:-----------------------------------------------------------------------[Name and address of the Consultant]

This is to notify you that, it is our intention to award the contract for your proposal dated [Insert

date] for provision of (modify as appropriate)----------------------------------------------------------------------

[Insert name of the contract and identification number, as given in the Datasheet] for the Contract

Price of--------------------------------------------------------------[Insert name of currency] as corrected and

modified[if any corrections] in accordance with the Instructions to Consultant.

Authorized Signature: --------------------------------------------------------------------------------------------

Name and Title of Signatory:-----------------------------------------------------------------------------------

Name of Agency: -------------------------------------------------------------------------------------------------

CC:

[Insert name and address of all other Consultants who submitted the Proposals]

53

Consultant’s Representations Regarding Costs and Charges

(Expressed in [insert name of currency])

Personnel 1 2 3 4 5 6 7 8

Name

Position

Basic Salary

per Working

Month/Day/

Year

Social

Charges1

Overhead1

Subtotal

Fee2

Away

from HQ

Allowance

Proposed

Fixed Rate

per Working

Month/Day/

Hour

Proposed

Fixed Rate

per Working

Month/Day/

Hour1

Home Office

Client’s Country

{* If more than one currency is used, use additional table(s), one for each currency}

1. Expressed as percentage of 1

2. Expressed as percentage of 4

54

SECTION 5: TERMS OF REFERENCE (TOR)

1.0 Background CDB has been mandated to register construction firms since it inspection. Today there are around 2500 plus contractors registered with CDB into different class and categories. The registration is based on the HR and equipment fulfilled at the time of registration/renewal. However, a survey conducted in 2015 concludes that 70% of contractors doesn't fulfill the min. requirement once the renewal/ registration is approved CDB. Therefore, with the development of the Monitoring Guidelines 2018, the CDB has a mandate to monitor the compliance of contractors to their registration requirement and monitoring the ongoing construction works to check implementation of proper contractual procedures by contractors and agencies. The Monitoring Section, under Construction Regulatory Division, has been monitoring the office establishment and ongoing construction works and take action upon non-compliance by the construction firms.

2.0 Objective if monitoring

The main objectives of monitoring as prescribed in the Monitoring Guidelines 2018 are as follows:

To ensure genuine construction firms equal and fair access to award of work;

To ensure deployment of the resources committed in the contract document at the construction

site;

To ensure implementation of proper technical procedure and construction management

processes; and

Curb fronting, unauthorized sub-contracting and other malpractices in Construction industry.

3.0 Scope of Monitoring by CDB

Monitoring team shall check the compliance to the terms and conditions agreed during the registration/re-registration by registered firms and construction professionals registered;

CDB shall monitor the office establishment of registered firms;

Monitoring team shall monitor any public works carried out by the registered firms to check the

compliance of contract document; and

Monitoring team shall monitor private works executed by registered firms upon the request from

the firm.

4.0 The monitoring process includes;

Listing the number of contractors and construction sites to be monitored in specific dzongkhag,

print address, and phone provided and resources submitted in the CDB system.

Inform the concern contractor or agencies regarding the time of visit.

Visit the contractor’s office or sites and verify the resources and other requirement as

prescribed in monitoring checklist. Take pictorial evidences.

Send report to the office.

Taken administrative action taking.

Reinstate upon fulfilment registration requirement

The current monitoring mechanism is time consuming as it involves compilation of report and submission from the field. As the monitoring is done offline it becomes difficult to compile reports and finding from the sites. Further, the printed data that monitoring inspectors’ views during the time of monitoring becomes outdated by the time official reaches contractors office or sites.

55

Therefore, a mobile app is required for the monitoring inspector view the details of the contractors and construction sites in real time and submit the report through the app itself to allow the monitoring committee to take prompt actions. The app will also have the feature to mark the office location of the contractors in google maps which will be used by the inspector for future monitoring activities. The app will also make the monitoring mechanism more transparent as it involves administrative action on the contractors. A paper less system will ease in data management and tracking history of the Firm.

5.0 The monitoring app should be;

Convenient for the monitoring inspector to view every details of the contractors as per the CDB database such as office address, HR & Equipment submitted during registration/renewal and works information during office establishment monitoring. The application should be able to take pictorial evidences and stored the data collected in CDB server. Convenient for the Monitoring inspectors to store the monitoring data in the CDB database and facility in prompt action taking on defaulting firms.

6.0 Objectives of the project

Make monitoring process more effective and efficient with use of ICT services

Prompt action taking on defaulting contractor

Create transparency and accountability

Efficient data management

7.0 Purpose The purpose of this document is to build a Mobile App to gather and manage data collected from monitoring of contractor’s office establishment & ongoing construction works and enhancement of present CDB CRPS system for report generation and take administrative actions (Suspension/downgradation of CDB certificate).

8.0 Technical requirements

The application should be developed in both IOS and Android intended to be used on

smartphones in portrait orientation.

The application should work in both online and offline mode and download/upload data should

available.

The user of the application should be able to collected data through response validation forms.

The application should be able to mark the geo-location, take pictures and stored the data.

The application should read the data from CDB system (CRPS, CINET and E-TOOL).

Development of additional features in the existing CDB system (CRPS, CINET and E-TOOL)

for data management and report generation of the data provided through the APP.

Development language for web development (enhancement of CDB system) is Laravel

Framework 4.2(PHP) and Java

The app should read data from CDB database and all other systems integrated with the CDB

system

The application should be published on App Store and Google play using client account

56

9.0 Description of the APP Verification of registration requirements of the registered Construction firms is an annually activity of the monitoring section. The Monitoring Guidelines 2018 describes the details process and procedure to monitor the construction Industry. The monitoring officials visits firm’s office offices and ongoing construction works and fills the monitoring checklist prescribed in the Monitoring Guidelines. As at present monitoring is paper base process, this mobile APP will replace the conventional way of monitoring. The App must be a user friendly mobile version of the existing CDB system (CRPS, CiNET & E-TOOL). The app should read the data from CDB system all the other system integrated with the CDB system.

10.0 User of the APP Monitoring inspectors designated by CDB

11.0 Functions of the App

The app user shall login using his/her user credentials.

The user access for the monitoring inspector shall be read from the existing CRPS user data

with access rights from ICT, CDB

The user should be able to see all the details of the construction firms and works information

captured in CDB database (CRPS, CiNET and E-TOOL).

The App should read all data from other agencies like RSTA and Census which has been

integrated to CDB system.

App should generate reports to check number of contraction firms in particular dzongkhags in

class wise, category wise and able to display number of engineers/ construction professionals

engaged with the Firm.

App should generate report of CDB system of numbers of ongoing works in particular

dzongkhag class wise, category wise and status (Completed/awarded).

App should display the all the HR and equipment engaged at the construction site as per the

data provided by procuring agencies in ETOOL.

The App should be able to check HR and equipment engaged with contractors/consultant or

any projects awarded through e-tool by inserting CID or RSTA registration number of the

equipment.

The Monitoring checklist prescribed in The Monitoring Guidelines 2018 shall be incorporated in

the app. The system Admin shall be able to update the checklist from time to time.

Click pictures and mark geo-locations and save in CDB server.

Sent One Time Password (OTP) through sms to representative of monitored firms as a proof of

inspector’s visit.

Save the captured data into the CDB system.

The app should display the comments and record of past years monitoring reports of the

contractors/ agency.

12.0 Enhancement in CRPS As the app will be reading and writing data on the existing CDB system and store the data collected in the CDB server, there need to do enhancement in the existing CDB system to save, generate reports and take action of the firms. This will includes;

Create/give user credentials to monitoring inspectors.

Update monitoring checklist/forms in the app

Report of all the important datas captured by the monitoring app should in incorporated in the

CDB system.

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Generate report of monitoring dzongkhag wise, class wise and display geo-location of

monitored offices and sites.

The reports should be yearly reports, defaulting contractors report, list of office visited, list of

sites visited, list of private site visited.

Take administration action such as suspending, changing class and categories of Construction

firms and reinstate upon fulfilment of CDB’s norms.

All the reports should be able to exported/downloaded into excel and document format.

13.0 Deliverables: The following are the deliverables of the assignment:

User requirement document (SRS);

Development of Mobile app for monitoring.

Enhancement of CDB system for report generation.

Testing and Training

Project completion report

14.0 Responsibility: 14.1 Client Shall ensure weekly updates are reviewed and comprehensive requirement specifications are provided within review period; Shall maintain the delay register and notify the vendor of all delays in writing; Shall appoint the point of contact or project focal person(s); 14.2 Vendor Shall ensure timely delivery of deliverables; Shall provide the portal development platform acceptable to client; Shall maintain the delay register and inform the client on the delays; Shall appoint a project manager who shall be the point of contact; and Shall recommend suitable hosting environment (server specifications and similar) to host the Portal safely and efficiently.

15.0 Downstream Work: 15.1 Warranty Provide one year of warranty after the user acceptance sign off. During this period, the vendor is responsible for following technical support:

update patches,

fix bugs,

make some minor changes such as changing of label names, adding simple labels on the page

and tweaking colour combinations, etc.

16.0 Ownership of Source Code The Construction Development Board shall be the sole owner of the source code, Intellectual Properties and patent rights.

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17.0 Payment The Payment for the system will be carried out in 3 phases. The 3 phases are as outlined below, including the percentage of payment to be made with each approval.

Phase

Description Percentage of total payment

1 Analysis, Submission of SRS 20%

2 Programming/ Testing of Apps and reports in CRPS

40%

3 User Training/ToT Training, submission of User manuals, final delivery, project completion reports and Acceptance of the work.

40%

18.0 Performance Security The successful Consultant shall obtain and provide performance security equal to ten percent (10%) of the contract price in the form of Bank Guarantee or Demand Draft, to the client within ten (10) days after the receipt of the letter of acceptance. Where the performance security is in the form of a bank guarantee, it shall be issued by the Bank located in Bhutan. Such security shall be valid until the consultant has executed and completed the assignment and remedied any inadequacies. The cost of complying with the requirements of this cause shall be borne by the consultant.

18.0 Scope of the Assignment This assignment is to develop mobile app which reads the data from CDB (CRPS, e-Tool & CiNET) system to monitor and capture the data as per the monitoring checklist (prescribed in the Monitoring Guideline 2018) for office establishment and site monitoring and to enhance the existing CDB system for report generation and administrative actions on the contractors. The main scope of the Assignment involved;

1. Development of Mobile APP

2. Integration and Enhancement of CDB system (CRPS)

19.0 System Requirement Specification The requirements provided as part of this ToR are very generic requirements. The consultant, as part of project deliverable shall study/understand the CDB’s monitoring process with comprehensive assessments and come out with detailed requirement in the form of Software Requirement Specifications (SRS) for the development of monitoring app and enhancement of CRPS.

20.0 Total duration of this project is 12 weeks (3 months).:

S/N Activity Timeline Deliverables

1 Assignment kick-off, Initial Assessment and SRS

Commencement Date + Week 2 SRS Document

2 Development of Mobile app

Commencement Date + Week 7 Development of mobile app

3 Enhancement in CDB system.

Commencement Date + Week 10

Enhancement of

CDB system for

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report generation.

5 User Trainings Commencement Date + Week 12

Training Documentations and Manuals

6 Support and Maintenance Commencement Date + Week 12 onwards

7 Assignment Exit Sign-off Commencement Date + Week 12

21.0 Discrepancies in request of Proposal

If a consultant discovers ant ambiguity, conflict, discrepancy, omission or other error in the Request for

Proposal (RFP), the consultant will immediately notify the client of such error and request for

clarification or amendment of the document. If the consultant fails to notify an error known to them prior

to the submission deadline of the proposal, the consultant will propose at their own risk. If the

consultant is awarded the contract, they will not entitle to any additional compensation by the reason of

the error or its subsequent correction.

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SECTION 6: Eligible Countries

In reference to ICT 5.1

Consulting services provided under may originate from any country except if:

a) The country is prohibited by RGoB for commercial relations;

b) by an act of compliance with a decision of the United Nations Security Council taken under chapter VII of the Charter if the United Nations.

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SECTION 7: STANDARD FORMS OF CONTRACT

The attached Form of Contract shall be used.

Annex I- Lump Sum Contract

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ANNEX I: SMALL ASSIGNMENTS: LUMP-SUM PAYMENTS

63

Small Assignments

Lump-Sum Payments

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SMALL ASSIGNMENTS

LUMP-SUM PAYMENTS

CONTRACT

THIS CONTRACT (“Contract”) is entered into this [insert starting date of assignment], by and

between “Construction Development Board” having its principal place of business at Upper

Mothithang Thimphu, and [insert Consultant’s name] (“the Consultant”) having its principal office

located at [insert Consultant’s address].

WHEREAS the Procuring Agency wishes to have the Consultant perform the services hereinafter

referred to, and

WHEREAS the Consultant is willing to perform these services,

NOW THEREFORE THE PARTIES hereby agree as follows:

1. Services 1.1. The Consultant shall perform the services specified in Annex A,

“Terms of Reference and Scope of Services,” which is made an

integral part of this Contract (“the Services”).

1.2. The Consultant shall provide the personnel listed in Annex B,

“Consultant’s Personnel,” to perform the Services.

1.3. The Consultant shall submit to the Procuring Agency the reports

in the form and within the time periods specified in Annex C,

“Consultant’s Reporting Obligations.”

2. Term 2.1. The Consultant shall perform the Services during the period

commencing [insert starting date] and continuing through [insert

completion date], or any other period as may be subsequently

agreed by the parties in writing.

3. Payment 3.1. Ceiling

For Services rendered pursuant to Annex A, the Procuring Agency

shall pay the Consultant an amount not to exceed [insert amount].

This amount has been established based on the understanding

that it includes all of the Consultant’s costs and profits as well as

any tax obligation that may be imposed on the Consultant.

3.2. Schedule of Payments

The schedule of payments is specified below:8

[insert amount and currency] upon the Procuring Agency’s receipt

of a copy of this Contract signed by the Consultant;

[insert amount and currency] upon the Procuring Agency’s receipt

of the draft report, acceptable to the Procuring Agency; and

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[insert amount and currency] upon the Procuring Agency’s receipt

of the final report, acceptable to the Procuring Agency.

[insert amount and currency] Total

3.3. Payment Conditions

Payment shall be made in [specify currency], no later than 30 days

following submission by the Consultant of invoices in duplicate to

the Coordinator designated in paragraph 4.

4. Project

Administration

4.1. Coordinator.

The Procuring Agency designates Mr./Ms. [insert name] as the

Procuring Agency’s Coordinator; the Coordinator will be

responsible for the coordination of activities under this Contract, for

acceptance and approval of the reports and of other deliverables

by the Procuring Agency and for receiving and approving invoices

for the payment.

4.2. Reports.

The reports listed in Annex C, “Consultant’s Reporting Obligations,”

shall be submitted in the course of the assignment, and will

constitute the basis for the payments to be made under paragraph

3. 5. Performance

Standards 5.1. The Consultant undertakes to perform the Services with the

highest standards of professional and ethical competence and

integrity. The Consultant shall promptly replace any employees

assigned under this Contract that the Procuring Agency considers

unsatisfactory.

6. Confidentiality 6.1. The Consultant shall not, during the term of this Contract and

within two years after its expiration, disclose any proprietary or

confidential information relating to the Services, this Contract or

the Procuring Agency’s business or operations without the prior

written consent of the Procuring Agency.

7. Ownership of

Material

7.1. Any studies, reports or other material, graphic, software or

otherwise, prepared by the Consultant for the Procuring Agency

under the Contract shall belong to and remain the property of the

Procuring Agency. The Consultant may retain a copy of such

documents and software.9

8. Consultant Not

to be Engaged in

Certain Activities

8.1. The Consultant agrees that, during the term of this Contract and

after its termination, the Consultant and any entity affiliated with

the Consultant shall be disqualified from providing goods, works or

services (other than the Services and any continuation thereof) for

any project resulting from or closely related to the Services.

9. Insurance 9.1. The Consultant will be responsible for taking out any appropriate

insurance coverage.

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10. Assignment 10.1. The Consultant shall not assign this Contract or sub-contract any

portion of it without the Procuring Agency’s prior written consent.

11. Law Governing

Contract and

Language

11.1. The laws of Bhutan shall govern the Contract, and the language of

the Contract shall be English.

12. Dispute

Resolution10

12.1. Any dispute arising out of the Contract, which cannot be amicably

settled between the parties, shall be referred to adjudication/

arbitration in accordance with the laws of Bhutan.

FOR THE PROCURING AGENCY FOR THE CONSULTANT

Signed by Signed by

Title: Title:

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LIST OF ANNEXES

Annex A: Terms of Reference and Scope of Services

Annex B: Consultant’s Personnel

Annex C: Consultant’s Reporting Obligations

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Annex A: Terms of Reference and Scope of Services

Refer to: Section 5: Terms of references (TOR),

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Annex B: Consultant’s Personnel

1. Title: Project Manager Job Description: Planning and drawing up the master work schedule, resource allocations, cash flow, Tracking of actual progress against planned targets, submissions of deliverables to the client, timely dispensing of decision, payments claims as scheduled, facilitating and coordination of his/her team and the CDB Estimated staff-month- three (3) months

2. Title: Mobile app Developer Job Description: Develop mobile app as per the technical requirement and function specified in the Terms of Reference (TOR) Estimated staff-month- three (3) months

3. Title: Web Developer Job Description: Enhance the present CDB system to generated reports of monitoring in web as specified in the Terms of Reference (TOR) Estimated staff-month- three (3) months

4. Title: Database Administrator (DBA) Job Description: Ensure use of standard Application Programming Interface (API) during development of the app and the Web. Ensure security of client’s data. Estimated staff-month- three (3) months

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Annex C: Consultant’s Reporting Obligations Refer: Section 13 of the Terms of Reference-Deliverables

Person to receive: Director, CDB, Thimphu Date of submission: As per the Form Tech-5 Work Schedule under Section 3- Technical Proposal-standard forms, if accepted by the Client.